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INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JANUARY 4, 2005
1.CALL TO ORDER........................................................................................ 1
2.INVOCATION ............................................................................................... 1
3.PLEDGE OF ALLEGIANCE...................................................................... 1
ELECTION OF CHAIRMAN .......................................................................................... 1
ELECTION OF VICE CHAIRMAN ............................................................................... 2
CONSTITUTIONAL OFFICERS OATH OF OFFICE ................................................ 3
4.ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS ............................................................................................................ 3
5.PRESENTATION – UTILITIES SERVICES DEPARTMENT BY
UTILITY SERVICES DIRECTOR ERIK OLSON ................................. 4
6.APPROVAL OF MINUTES ........................................................................ 5
7.CONSENT AGENDA ................................................................................... 5
January 4, 2005
1
7.A.RFOCB ............................5
EPORTS ON ILE IN THE FFICE OF THE LERK TO THE OARD
7.B.ATCCW.SIII’PO
PPROVAL OF AX OLLECTOR HARLES EMBLER S UBLIC FFICIAL
B ...........................................................................................................................5
OND
7.C.ASRH.R’POB .....................5
PPROVAL OF HERIFF OY AYMONDS UBLIC FFICIAL OND
7.D.AW-D2-9,2004 .....................................................6
PPROVAL OF ARRANTS ECEMBER
7.E.AW-D9-16,2004 ...................................................6
PPROVAL OF ARRANTS ECEMBER
7.F.AW-D17-22,2004 .................................................6
PPROVAL OF ARRANTS ECEMBER
7.G.CW’AM.TPT
OMMISSIONER HEELERS PPOINTMENT OF S ONI URVIS ERESI TO
ESDAC(ESDAC)–
THE MERGENCY ERVICES ISTRICT DVISORY OMMITTEE
RFC .........................................................................................7
EPLACES RANK OFFEY
7.H.AJRM--LP
PPOINTMENT OF ULIE ISEDORF AS EMBERATARGE TO THE UBLIC
LAB–RFC .........................................7
IBRARY DVISORY OARD EPLACES RANK OFFEY
7.I.R-ADKPZC
EPPOINTMENT OF ONNA EYS TO LANNING AND ONING OMMISSION
(P&Z)CD(D1) ........................................................7
BY OMMISSIONER AVIS ISTRICT
7.J.R-ABGBSP
EPPOINTMENT OF ILL LYNN TO EACH AND HORE RESERVATION
ACCD(D1) ...............................8
DVSIORY OMMITTEE BY OMMISSIONER AVIS ISTRICT
7.K.DR-AGGM--L
ISCUSS EPPOINTMENT OF EORGE ROSS AS EMBERATARGE TO THE
PZC ........................................................................8
LANNING AND ONING OMMISSION
7.L.DALBM--L
ISCUSS PPOINTMENT OF INDA OLTON AS EMBERATARGE TO THE
PZC ........................................................................8
LANNING AND ONING OMMISSION
7.M.RN.2005-001–ASR ..........................9
ESOLUTION O NNUAL IGNATORIES ESOLUTION
7.N.O--CTCAB
UTOFOUNTY RAVEL FOR THE OUNTY DMINISTRATOR AIRD TO
AFGFOAA
TTEND LORIDA OVERNMENT INANCE FFICER SSOICATION NNUAL
CNGFO
ONFERENCE AND ATIONAL OVERNMENT INANCE FFICERS
AC .......................................................................................9
SSOCIATION ONFERENCE
7.O.RAPAP
ETIREMENT WARD AND ROCLAMATION WARDED TO URCHASING
MFB.P ............................................................................. 10
ANAGER RANCES OWELL
7.P.RAPAEW(R
ETIREMENT WARD AND ROCLAMATION WARDED TO DGAR OOD OAD
&BD) ............................................................................................... 10
RIDGE IVISION
7.Q.GLOD–RFPAP
EVELOPMENT EQUEST FOR INAL LAT PPROVAL FOR A RIVATE
RR--WK71C(NS69
STTH
OAD IGHTOFAY TO BE NOWN AS OURT ORTH IDE OF
S,W66A)............................................................................. 10
TH
TREET EST OF VENUE
January 4, 2005
2
7.R.S1&2BRP-BM–
ECTORS EACH ESTORATION ROJECT IOLOGICAL ONITORING
DC&A,I.-PRR ................. 11
IAL ORDY SSOCIATES NC ARTIAL ELEASE OF ETAINAGE
7.S.HCP–MA
ABITAT ONSERVATION LAN EMORANDUM OF GREEMENT WITH
FDEP ................................... 11
LORIDA EPARTMENT OF NVIRONMENTAL ROTECTION
7.T.HCP–EA,I.–R
ABITAT ONSERVATION LAN COLOGICAL SSOCIATES NC ELEASE
R ......................................................................................................... 11
OF ETAINAGE
7.U.OBP–M&E,I.–WO#5
FFSHORE EACH ROFILES ORGAN KLUND NC ORK RDER
CN.0390(FDE
TO ONTRACT O LORIDA EPARTMENT OF NVIRONMENTAL
P)(USACE).............................. 12
ROTECTION NITED TATES RMY ORPS OF NGINEERS
7.V.IRIC,I.–FAF
NDIAN IVER NDUSTRIAL ENTER NC IRST MENDMENT TO AIR
SRIWSC
HARE OADWAY MPROVEMENTS AND ATER AND EWER APACITY
CFA–90-DIFE ...................... 12
HARGES EE GREEMENT AY NTEREST REE XTENSION
7.W.EMRSP(SI
GRET ARSH EGIONAL TORMWATER ARK AKA OUTHWEST NDUSTRIAL
SP)PI–(EIRCM
TORMWATER ARK HASE AST NDIAN IVER OUNTY ASTER
SMP)–CA,I.–F
TORMWATER ANAGEMENT LAN ARTER SSOCIATES NC INAL
IFRRWON.3A
NVOICE AND INAL ELEASE OF ETAINAGE FOR ORK RDER O TO
PSA ........................................................... 13
THE ROFESSIONAL ERVICES GREEMENT
7.X.RN.2005-002DDCL
ESOLUTION O ECLARING EFAULT AND ALLING ETTER OF
C-GOE,S–DR&D,I. ............... 13
REDIT RAND AK STATES A UBDIVISION OUBLE NC
7.Y.RN.2005-003-DDCL
ESOLUTION O ECLARING EFAULT AND ALLING ETTER OF
C–LL,P.D.,PII–SPXIIL. ........... 16
REDIT EGEND AKES HASE MIGIEL ARTNERS TD
7.Z.NI-BSEA–C
EXTEL NUILDING ERVICE AND QUIPMENT GREEMENT OUNTY
AB .................................................................................... 16
DMINISTRATION UILDING
7.AA.C27DCGAC–
HANNEL ESIGNATED FOR OUNTY OVERNMENT CCESS HANNEL
C(CTV) ............................................................................................. 17
OMCAST ABLE
7.BB.CAC–CMR–
OUNTY DMINISTRATION OMPLEX ONSTRUCTION ANAGER AT ISK
ANTCC.(
UTHORIZE EGOTIATIONS WITH URNER ONSTRUCTION O FIRST
)-(CCL.PC
RANKED ATALFUMO ONSTRUCTION TD AND ROCTOR ONSTRUCTION
C.–) ......................................................................... 17
O SECOND AND THIRD RANKED
7.CC.CBMP(BMP)FY2003/2004–
ITRUS EST ANAGEMENT RACTICES FOR
ASSSC-IR
PPLICANT CORE UMMARY HEET HANGES NDIAN IVER
C/FDACS
OUNTYLORIDA EPARTMENT OF GRICULTURE AND ONSUMER ERVICES
January 4, 2005
3
CSC#006800–DSG–A
OST HARE ONTRACT ELETE HINN ROVES DD
/ICMS(MII.
TONCREASE ITRUS ANAGEMENT ERVICES ARTINEZ NDUSTRIES NC
//CMS) ................................................................ 19
DBA ITRUS ANAGEMENT ERVICES
8.CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES .................................................................................................. 20
9.A.1.PUBLIC HEARINGS - NONE .................................................................. 20
9.B.1.PUBLIC DISCUSSION ITEM – REQUEST FROM BRIAN
HEADY TO SPEAK REGARDING EXPENDITURE OF TAX
DOLLARS .................................................................................................... 20
9.B.2.PUBLIC DISCUSSION ITEM – REQUEST FROM TIM ZORC
TO SPEAK REGARDING BUILDING DEPARTMENT’S
PRIVATE PROVIDER PROGRAM AND DISCUSS CREDITING
THE ADDITIONAL FEES PAID BY THE CONTRACTOR .............. 21
9.B.3.PUBLIC DISCUSSION ITEM – REQUEST FROM DIAN
GEORGE TO SPEAK REGARDING PREMATURE
CANCELLATION OF PUBLIC HEARING REGARDING
MORATORIUM ......................................................................................... 22
9.B.4.-8.PUBLIC DISCUSSION ITEM – REQUEST FROM ITAL VERON
TO SPEAK REGARDING PREMATURE CANCELLATION OF
PUBLIC HEARING REGARDING MORATORIUM .......................... 23
9.B.5.PUBLIC DISCUSSION ITEM – REQUEST FROM BONNIE
VERON TO SPEAK REGARDING PREMATURE
January 4, 2005
4
CANCELLATION OF PUBLIC HEARING REGARDING
MORATORIUM ......................................................................................... 23
9.B.6.PUBLIC DISCUSSION ITEM – REQUEST FROM ADRIENNE
CUFFE TO SPEAK REGARDING PREMATURE
CANCELLATION OF PUBLIC HEARING REGARDING
MORATORIUM ......................................................................................... 24
9.B.7.PUBLIC DISCUSSION ITEM – REQUEST FROM DOUG CUFFE
TO SPEAK REGARDING PREMATURE CANCELLATION OF
PUBLIC HEARING REGARDING MORATORIUM .......................... 24
9.B.8.PUBLIC DISCUSSION ITEM – REQUEST FROM BRIAN
JOHNSON TO SPEAK REGARDING PREMATURE
CANCELLATION OF PUBLIC HEARING REGARDING
MORATORIUM ......................................................................................... 24
9.C.PUBLIC NOTICE ITEM SCHEDULED FOR PUBLIC HEARING
ON JANUARY 18, 2005 ............................................................................. 25
9.C.1.IRD:R9.77
NDIAN IVER EVELOPMENT EQUEST TO REZONE ACRES LOCATED
33S1,30066
RD
SOUTH OF TREET AND APPROXIMATELY FEET WEST OF TH
AA-1,A-1D(1/5),
VENUE FROM GRICULTURAL ISTRICT UP TO UNIT ACRES TO
RS-3,S-FRD(3/),
INGLEAMILY ESIDENTIAL ISTRICT UP TO UNITSACRE AND TO
9.5426S1,300
REZONE ACRES NORTH OF TH TREET AND APPROXIMATELY FEET
66AA-1,A-1D(1
WEST OF TH VENUE FROM GRICULTURAL ISTRICT UP TO
/5),RM-6,M-FRD(6
UNITACRES TO ULTIPLEAMILY ESIDENTIAL ISTRICT UP TO
/).IRDP,LLC.O.
UNITSACRE NDIAN IVER EVELOPMENT ARTNERS WNER
S,BS,LLC,A.(Q-J) .................... 25
CHULKE ITTLE AND TODDARD GENT UASIUDICIAL
10.COUNTY ADMINISTRATORS MATTERS .......................................... 25
January 4, 2005
5
11.A.COMMUNITY DEVELOPMENT ........................................................... 25
11.B.EMERGENCY SERVICES ....................................................................... 26
11.C.1.GENERAL SERVICES – BID #7034 - APPROVAL OF BID
AWARD AND SAMPLE AGREEMENT– POST HURRICANES
FRANCES AND JEANNE EMERGENCY DUNE
RESTORATION – 35 SITES – HENRY FISCHER & SONS, INC. .... 26
11.C.2.GENERAL SERVICES – REAFFIRMATION AND FUNDING
FOR JOINT-USE LIBRARY - MUELLER CENTER AT INDIAN
RIVER COMMUNITY COLLEGE ......................................................... 27
11.C.3.GENERAL SERVICES – ACQUISITION OF MT. ZION
BAPTIST CHURCH AND RESIDENCE (CONDEMNATION) –
THRD
EXCHANGE OF 2.5 ACRES AT 45 STREET AND 43
AVENUE ...................................................................................................... 28
11.D.HUMAN RESOURCES .............................................................................. 29
11.E.HUMAN SERVICES .................................................................................. 29
11.F.LEISURE SERVICES ................................................................................ 29
11.G.OFFICE OF MANAGEMENT AND BUDGET ..................................... 30
11.H.RECREATION ............................................................................................ 30
January 4, 2005
6
11.I.1.PUBLIC WORKS – COUNTY ROAD 512 (PHASES 3 AND 4) I-95
TO ROSELAND ROAD– G. K. ENVIRONMENTAL, INC.
PROFESSIONAL SERVICES AGREEMENT– IRC PROJECT
NO. 9611 ....................................................................................................... 30
TH
11.I.2.PUBLIC WORKS – 4 STREET BRIDGE REPLACEMENT
TH
OVER COOCH DITCH (35 AVENUE) RELOCATION OF 12”
WATER MAIN – AMENDMENT NO. 1 TO KIMLEY-HORN &
ASSOCIATES, INC. CONTRACT – IRC PROJECT NO. 0209 .......... 31
ST
11.I.3.PUBLIC WORKS – 41 STREET BRIDGE REPLACEMENT
OVER INDIAN RIVER FARMS WATER CONTROL DISTRICT
TH
LATERAL A CANAL (66 AVENUE) EXTENSION OF 12”
WATER MAIN - AMENDMENT 1 TO KIMLEY-HORN &
ASSOCIATES, INC. IRC PROJECT NO. 0370 ..................................... 31
11.I.4.PUBLIC WORKS – PROFESSIONAL GEOTECHNICAL
SERVICES AGREEMENTS 2004-2005 – CTI-CONSTRUCTION
TESTING & INSPECTION, INC., AM ENGINEERING AND
TESTING, INC., DUNKELBERGER ENGINEERING &
TESTING, INC., AND ARDAMAN & ASSOCIATES, INC. –
PROJECT NO. 7018 ................................................................................... 32
11.I.5.PUBLIC WORKS – PELICAN ISLAND NATIONAL WILDLIFE
REFUGE UPLAND RESTORATION PROJECT – SITEWERKS,
INC. – CHANGE ORDER NO. 3, FINAL PAYMENT AND
RELEASE OF RETAINAGE– PROJECT NO. 0386............................. 33
11.I.6.PUBLIC WORKS – MILLING, RESURFACING AND
SHOULDER PAVING CR 512 AND OLSO ROAD – E. J.
January 4, 2005
7
BRENEMAN, L.P. - CHANGE ORDER NO. 2 AND FINAL
RELEASE OF RETAINAGE .................................................................... 33
11.I.7.PUBLIC WORKS - OSLO ROAD BRIDGE REPLACEMENT
(LATERAL J CANAL) AND ROADWAY WIDENING –
KIMLEY-HORN & ASSOCIATES, INC. – ENGINEERING
SERVICES AMENDMENT NO. 5 ........................................................... 34
11.I.8.PUBLIC WORKS – HARMONY OAKS MITIGATION PROJECT
– OKLAWAHA FARMS, INC. – CHANGE ORDER NO. 001 AND
CONTRACTOR’S FINAL PAY REQUEST (INCLUDING
RELEASE OF RETAINAGE) ................................................................... 36
11.I.9.PUBLIC WORKS – RESOLUTION NO. 2005-004 – SUPPORTS
MAINTAINING THE INDIAN RIVER LAGOON BLUEWAY
PROJECT ON THE “A” ACQUISITION LIST UNDER THE
FLORIDA FOREVER PROGRAM – FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION ............................................... 36
11.I.10.PUBLIC WORKS – BEACH RESTORATION EMERGENCY
RESPONSE – EMPOWERMENT OF COUNTY
ADMINISTRATOR AND WAIVER OF BID PROCESS ..................... 37
11.I.11.PUBLIC WORKS – INTERLOCAL AGREEMENT FOR
OPERATIONAL COSTS – SCHOOL DISTRICT OF INDIAN
RIVER COUNTY – JOINT COUNTY/SCHOOL DISTRICT
FLEET MANAGEMENT/FUELING DEPOT FACILITY .................. 38
11.I.12.PUBLIC WORKS – VERO LAKE ESTATES OUTFALL
(LATERAL D) CANAL CLEANING – CORRIGAN RANCH AND
January 4, 2005
8
ANSIN PROPERTIES – SEBASTIAN RIVER WATER
CONTROL DISTRICT .............................................................................. 38
11.J.1.UTILITIES SERVICES – SOUTH COUNTY REVERSE
OSMOSIS PLANT – WPC INDUSTRIAL CONTRACTORS, LTD.
– CONTRACTOR’S REQUEST FOR REDUCTION IN
RETAINAGE (BID #5074) ......................................................................... 39
11.J.2.UTILITIES SERVICES – ORANGE HEIGHTS SUBDIVISION,
SEBASTIAN WATER MAIN EXTENSION AND FUTURE
ASSESSMENT PROJECT – GEORGE E. FRENCH, INC. ................. 39
12.A.COUNTY ATTORNEY – CODE ENFORCEMENT ............................ 40
ABATEMENT WITH RESPECT TO HURRICANE-RELATED STORAGE –
SIX MONTHS .............................................................................................. 40
TH
12.B.COUNTY ATTORNEY - RESOLUTION NO. 2005-005 – 58
AVENUE RIGHT-OF-WAY EXCHANGE WITH SEGOVIA
LAKES LLC ................................................................................................ 41
13.ACHAIRMAN ARTHUR R. NEUBERGER.............................................. 42
13.B.VICE CHAIRMAN THOMAS S. LOWTHER ....................................... 42
13.C.COMMISSIONER SANDRA L. BOWDEN ............................................ 42
13.D.COMMISSIONER WESLEY S. DAVIS .................................................. 42
January 4, 2005
9
13.E.COMMISSIONER GARY C. WHEELER -
RECONSIDERATION OF TREE PROTECTION ORDINANCE –
SCHEDULE NEW PUBLIC HEARING ON FEBRUARY 1, 2005 ..... 42
14.A.EMERGENCY SERVICES DISTRICT .................................................. 43
14.B.SOLID WASTE DISPOSAL DISTRICT ................................................. 43
14.B.1.SLEC&DL–CD&
ECOND ATERAL XPANSION OF THE ANDFILL AMP RESSER
MK–WON.1................................................................................. 43
CEE ORK RDER O
14.B.2.SWMMPU–
OLID ASTE ANAGEMENT ASTER LAN PDATE
WCG/N-S,I.–WAN.1 .............................. 43
EELCHAFFER NC ORK UTHORIZATION O
14.C.ENVIRONMENTAL CONTROL BOARD ............................................. 44
January 4, 2005
10
January 4. 2005
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
th
Regular Session at the County Commission Chambers, 1840 25 Street, Vero Beach, Florida, on
Tuesday, January 4, 2005, at 9:00 a.m. Present were Arthur R. Neuberger, Chairman; and
Commissioners Sandra L. Bowden, Wesley S. Davis, Thomas S. Lowther, and Gary C. Wheeler.
Also present were Joseph Baird, County Administrator; William G. Collins II, County Attorney;
Kimberly Massung, Executive Aide to the Board; and Patricia Ridgely, Deputy Clerk.
1. CALL TO ORDER
The Chairman called the meeting to order.
2. INVOCATION
Rev. Jim Newsome, First Baptist Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Administrator Baird led the Pledge of Allegiance to the Flag.
ELECTION OF CHAIRMAN
As requested by Chairman Neuberger, County Attorney Collins opened the floor to
nominations for Chairman of the County Commission.
January 4, 2005
1
Commissioner Wheeler NOMINATED Commissioner
Lowther for Chairman and Commissioner Davis
SECONDED the nomination.
Commissioner Neuberger NOMINATED himself for
Chairman and Commissioner Davis SECONDED the
nomination.
County Attorney Collins CALLED FOR A VOTE on the
nomination of Commissioner Lowther. There were 4 votes
in favor or the nomination and Commissioner Neuberger
WITHDREW his name from nomination. Commissioner
Lowther was elected Chairman of the Board of County
Commissioner for 2005.
Commissioner Neuberger passed the gavel and Chairman Lowther assumed the
Chair.
Chairman Lowther thanked the Commissioners for the opportunity.
ELECTION OF VICE CHAIRMAN
Chairman Lowther NOMINATED Commissioner
Neuberger for Vice Chairman and Commissioner Davis
SECONDED the nomination.
January 4, 2005
2
Commissioner Bowden NOMINATED Commissioner
Wheeler for Vice Chairman and Commissioner Davis
SECONDED the nomination.
Chairman Lowther CALLED FOR A VOTE on
Commissioner Neuberger’s nomination and there were 3
votes in favor and 2 votes in opposition (Commissioner
Bowden and Commissioner Wheeler). Commissioner
Neuberger was elected Vice Chairman for 2005.
CONSTITUTIONAL OFFICERS OATH OF OFFICE
County Judge David Morgan administered the Oath of Office to re-elected Clerk of
Court Jeffrey K. Barton, Supervisor of Elections Kay Clem, and Property Appraiser David Nolte.
Commissioner Davis advised that re-elected Tax Collector Charles W. Sembler and
Sheriff Roy Raymond were administered the Oath of Office by Senator Ken Pruitt at sunrise at
Garcia’s Ranch.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
The following addition was made to today’s Agenda:
th
12.B. 58 Avenue Right-of-Way Exchange with Segovia Lakes LLC
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Neuberger, the Board unanimously added
the above item to the Agenda.
January 4, 2005
3
5. PRESENTATION – UTILITIES SERVICES DEPARTMENT BY
UTILITY SERVICES DIRECTOR ERIK OLSON
Director Olson advised that he is responsible for both the Utilities Department and
the Solid Waste Disposal District (a copy of report is on file in the office of the Clerk to the Board).
His comprehensive report advised of all the facilities, their purpose, and that the Utilities
Department is basically run as a business and is comprised of operations, water production plants,
and wastewater processing. Indian River County is ahead of the curve because we have a
reclaimed water system. Our reverse osmosis water system is the best of the best. He introduced
the unsung heroes, staff members from water and wastewater systems, and emphasized the
“family” of the department. He specified that the employees he introduced were at work after the
hurricanes to keep the County’s utilities operating. At the conclusion of his presentation, he
introduced Polly Kratman for information on her area of responsibility.
Solid Waste Disposal District Managing Director Polly Kratman followed with
another comprehensive report while displaying photographs of the landfill, 5 convenience centers,
hours of operation, hazardous waste procedures, yard waste, construction and demolition debris,
recycling, how fees are determined, the impact of the volume of hurricane debris on the landfill,
compliance with regulatory agencies, and that the entire department is operated as an enterprise
fund.
Director Olson then told of the current status of the landfill and plans for expansion,
the land purchased, and the 5-year plan for the SWDD. He looked back at 2004 as a year to be
remembered because of the impact of the hurricanes not only on the community but also on the
landfill and he credited the employees for keeping the systems working.
Chairman Lowther was pleased to note that the County’s utility system did not lose
water pressure during the two recent hurricanes.
Commissioner Wheeler believed that Indian River County is a statewide leader in
operating the utilities systems as enterprise funds by charging the users and not the taxpayers.
The Chairman thanked Director Olson for the informative and interesting report.
January 4, 2005
4
6. APPROVAL OF MINUTES
None.
7.CONSENT AGENDA
Items 7. K., 7.L., 7.X. and 7.B.B. were separated for discussion.
7.A. RFOCB
EPORTS ON ILE IN THE FFICE OF THE LERK TO THE OARD
1.Report of Convictions, November 2004
2.Auditor General – State of Florida – Operational Audit of County
Transportation Trust Funds FY 2002-2003
7.B. ATCCW.SIII’
PPROVAL OF AX OLLECTOR HARLES EMBLER S
POB
UBLIC FFICIAL OND
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the public official bond of Tax Collector Charles W.
Sembler III, as requested in the memorandum of December
22, 2004.
7.C. ASRH.R’PO
PPROVAL OF HERIFF OY AYMONDS UBLIC FFICIAL
B
OND
January 4, 2005
5
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the public official bond of Sheriff Roy H. Raymond, as
requested in the memorandum of December 22, 2004.
7.D. AW-D2-9,2004
PPROVAL OF ARRANTS ECEMBER
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
the time period of December 2-9, 2004, as requested.
7.E. AW-D9-16,2004
PPROVAL OF ARRANTS ECEMBER
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
the time period of December 9-16, 2004, as requested.
7.F. AW-D17-22,2004
PPROVAL OF ARRANTS ECEMBER
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the list of Warrants as issued by the Clerk to the Board for
the time period of December 17-22, 2004, as requested.
January 4, 2005
6
7.G. CW’AM.TP
OMMISSIONER HEELERS PPOINTMENT OF S ONI URVIS
TESDA
ERESI TO THE MERGENCY ERVICES ISTRICT DVISORY
C(ESDAC)–RFC
OMMITTEE EPLACES RANK OFFEY
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously confirmed
Commissioner Wheeler’s appointment of Toni Purvis
Teresi to ESDAC, as recommended in the memorandum of
December 17, 2004.
7.H. AJRM--L
PPOINTMENT OF ULIE ISEDORF AS EMBERATARGE TO THE
PLAB–RFC
UBLIC IBRARY DVISORY OARD EPLACES RANK OFFEY
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
Julie Risedorf as member-at-large to the PLAB, as
recommended in the memorandum of December 17, 2004.
7.I. R-ADKPZ
EPPOINTMENT OF ONNA EYS TO LANNING AND ONING
C(P&Z)CD(D1)
OMMISSION BY OMMISSIONER AVIS ISTRICT
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously confirmed
Commissioner Davis’s re-appointment of Donna Keys to
the P & Z, as recommended in the memorandum of
December 20, 2004.
January 4, 2005
7
7.J. R-ABGBS
EPPOINTMENT OF ILL LYNN TO EACH AND HORE
PACCD
RESERVATION DVSIORY OMMITTEE BY OMMISSIONER AVIS
(D1)
ISTRICT
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously confirmed
Commissioner Davis’s re-appointment of Bill Glynn to the
Beach and Shore Preservation Advisory Committee, as
recommended in the memorandum of December 22, 2004.
7.K. DR-AGG
ISCUSS EPPOINTMENT OF EORGE ROSS AS
M--LPZC
EMBERATARGE TO THE LANNING AND ONING OMMISSION
7.L. DALBM--L
ISCUSS PPOINTMENT OF INDA OLTON AS EMBERATARGE
PZC
TO THE LANNING AND ONING OMMISSION
(CLERK’S NOTE: These items are related and are therefore being combined
in these Minutes.)
Vice Chairman Neuberger supported the re-appointment of George Gross.
Commissioner Davis advised he wished to add Bill Mills.
Commissioner Bowden wanted an opportunity to interview the candidates.
Commissioner Wheeler supported his nomination of Linda Bolton.
Discussion followed concerning having resumes for all candidates and it was
determined that Mr. Gross could continue to sit on P & Z until re-appointed or replaced.
Commissioner Davis was ready to move forward with a vote at today’s meeting.
January 4, 2005
8
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler, the Board by a vote of 4-1
(Commissioner Davis opposed) tabled this appointment to
rd
their 3 meeting in January to allow times for individual
interviews. (January 18, 2005)
7.M. RN.2005-001–ASR
ESOLUTION O NNUAL IGNATORIES ESOLUTION
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution No. 2005-001 directing depositories of County
funds to honor certain authorized signatures on County
checks, warrants, and other orders for payment providing
for Board of County Commissioners and Clerk of the
Circuit Court signatories; rescinding Resolution No.
2004-002; and providing for an effective date and
authorized the newly selected Chairman and Vice
Chairman to sign same.
7.N. O--CTCA
UTOFOUNTY RAVEL FOR THE OUNTY DMINISTRATOR
BAFGFO
AIRD TO TTEND LORIDA OVERNMENT INANCE FFICER
AACN
SSOICATION NNUAL ONFERENCE AND ATIONAL
GFOAC
OVERNMENT INANCE FFICERS SSOCIATION ONFERENCE
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
January 4, 2005
9
the request of County Administrator Baird to attend the
FGFOA and NGFOA conferences as set out in the
memorandum of December 21, 2004.
7.O. RAPA
ETIREMENT WARD AND ROCLAMATION WARDED TO
PMFB.P
URCHASING ANAGER RANCES OWELL
Presented at another time and noted for the record.
7.P. RAPAE
ETIREMENT WARD AND ROCLAMATION WARDED TO DGAR
W(R&BD)
OOD OAD RIDGE IVISION
Presented at another time and noted for the record.
7.Q. GLOD–RFPA
EVELOPMENT EQUEST FOR INAL LAT PPROVAL FOR A
PRR--WK71C
ST
RIVATE OAD IGHTOFAY TO BE NOWN AS OURT
(NS69S,W66A)
THTH
ORTH IDE OF TREET EST OF VENUE
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously granted
final plat approval for the private road right-of-way to be
st
known as 71 Court, as recommended in the memorandum
of December 21, 2004.
January 4, 2005
10
7.R. S1&2BRP-B
ECTORS EACH ESTORATION ROJECT IOLOGICAL
M–DC&A,I.-P
ONITORING IAL ORDY SSOCIATES NC ARTIAL
RR
ELEASE OF ETAINAGE
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
application for partial release of the retainage in the amount
of $14,067.55, as recommended in the memorandum of
November 19, 2004.
7.S. HCP–MA
ABITAT ONSERVATION LAN EMORANDUM OF GREEMENT
FDEP
WITH LORIDA EPARTMENT OF NVIRONMENTAL ROTECTION
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the Memorandum of Agreement and authorized the
Chairman to execute same, as recommended in the
memorandum of December 14, 2004.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.T. HCP–EA,I.–
ABITAT ONSERVATION LAN COLOGICAL SSOCIATES NC
RR
ELEASE OF ETAINAGE
January 4, 2005
11
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the application for release of the retainage in the amount of
$16,114.02, as recommended in the memorandum of
December 10, 2004.
7.U. OBP–M&E,I.–W
FFSHORE EACH ROFILES ORGAN KLUND NC ORK
O#5CN.0390(FD
RDER TO ONTRACT O LORIDA EPARTMENT OF
EP)(USAC
NVIRONMENTAL ROTECTION NITED TATES RMY ORPS OF
E)
NGINEERS
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
Work Order #5 to the contract with Morgan & Eklund, Inc.,
as recommended in the memorandum of December 21,
2004.
WORK ORDER IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.V. IRIC,I.–FA
NDIAN IVER NDUSTRIAL ENTER NC IRST MENDMENT TO
FSRIWS
AIR HARE OADWAY MPROVEMENTS AND ATER AND EWER
CCFA–90-DIF
APACITY HARGES EE GREEMENT AY NTEREST REE
E
XTENSION
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the 90-day interest free extension to the agreement with
January 4, 2005
12
Indian River Industrial Center, Inc. and authorized the
Chairman to execute the First Amendment, as
recommended in the memorandum of December 28, 2004.
FIRST AMENDMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
7.W. EMRSP(S
GRET ARSH EGIONAL TORMWATER ARK AKA OUTHWEST
ISP)PI–(EIR
NDUSTRIAL TORMWATER ARK HASE AST NDIAN IVER
CMSMP)–C
OUNTY ASTER TORMWATER ANAGEMENT LAN ARTER
A,I.–FIFR
SSOCIATES NC INAL NVOICE AND INAL ELEASE OF
RWON.3AP
ETAINAGE FOR ORK RDER O TO THE ROFESSIONAL
SA
ERVICES GREEMENT
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously
authorized payment of the Engineer’s Final Application for
Payment (including release of retainage) in the amount of
$665.00, as recommended in the memorandum of
December 8, 2004.
7.X. RN.2005-002DDC
ESOLUTION O ECLARING EFAULT AND ALLING
LC-GOE,S–
ETTER OF REDIT RAND AK STATES A UBDIVISION
DR&D,I.
OUBLE NC
January 4, 2005
13
County Attorney Collins reviewed his memorandum of December 28, 2004,
including his recommendation to adopt the resolution declaring default and calling the letter of
credit. The developer had not completed the required improvements in spite of an extension. He
th
explained the letter of credit will expire January 15 and he had spoken with the developer’s
engineer, Paul Amos, about an alternative where they would post cash security and be granted
another extension to complete the work that the engineers would determine still remained.
Paul Amos,
O’Haire, Quinn, Candler and Casalino, representing the developer,
claimed the hurricanes had caused problems in getting contractors to complete the work in a timely
fashion. He requested additional time to get the work completed and they were prepared to place a
cash bond for the amount of the improvements remaining and were also prepared to extend the
letter of credit, if necessary.
County Administrator Baird interjected that this was platted in 2003 and we really
haven’t seen any activity. He thought we should be firm reasoning that he has already received
complaints about other developers not completing their work, and if we don’t start being firm we
will have more problems.
County Attorney Collins stated that if we call the letter of credit, it becomes the
County’s responsibility to complete; if we allow an extension of time the developer will be
overseeing the work and completing it. They claim a lot of work has been done, but the engineers
from both sides need to reconcile and determine what remains to be done and the costs.
County Attorney Collins explained the cash bond procedure and responded to
additional questions of the Commissioners. He had heard from Mr. O’Haire about some
extenuating circumstances with FPL.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED Vice Chairman Neuberger, to adopt the
resolution calling the letter of credit; and give staff the
option in the next week of working out a dollar amount of
cash to be posted to complete the work. Staff will bring
January 4, 2005
14
back a contract extension or pull the letter of credit and put
the work out to bid.)
Under discussion, County Administrator Baird specified that this would be the third
extension we have put on this and it takes a lot of staff’s time on these. He suggested the County
should adopt a firm policy in order to eliminate last-minute delays such as this that consume staff’s
and the Board’s time.
County Attorney Collins added that there is an expense attached to situations such as
this and that staff might come back to the Board with a resolution setting a fee for processing these
extensions when the work isn’t done because it does take a lot of time and expense.
Commissioner Wheeler thought an extension in this instance was legitimate and that
it was a good idea to set up a fee and offered to amend his motion with that direction to staff.
Chairman Lowther thought that could be just a direction to staff to prepare the
resolution.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. (The Board adopted Resolution No.
2005-002 declaring default by Double R & D Inc., a Florida
corporation, in its obligation to complete required
improvements to Grand Oak Estates, a Subdivision, and
authorizing staff to make sight draft against Citibank, N. A.
Irrevocable Letter of Credit No. 61604003 dated
September 19, 2003, as amended by amendment dated
September 14, 2004. The Board also gave staff the option
in the next week of working out a dollar amount of cash to
be posted to complete the work and to bring back an
extension to the contract.)
January 4, 2005
15
7.Y. RN.2005-003-DDC
ESOLUTION O ECLARING EFAULT AND ALLING
LC–LL,P.D.,PII–S
ETTER OF REDIT EGEND AKES HASE MIGIEL
PXIIL.
ARTNERS TD
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously adopted
Resolution No. 2005-003 declaring default by Smigiel
Partners XII Ltd., a Florida limited partnership, in its
obligation to complete the required improvements to
Legend Lakes, P.D. Phase II, and authorizing staff to make
sight draft against Grand Bank & Trust of Florida
Irrevocable Letter of Credit No. 2004-049 dated April 8,
2004.
7.Z. NI-BSEA–
EXTEL NUILDING ERVICE AND QUIPMENT GREEMENT
CAB
OUNTY DMINISTRATION UILDING
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously
authorized the County Administrator or his designee to sign
the proposed Nextel In-Building Service and Equipment
Agreement, as recommended in the memorandum of
December 23, 2004.
AGREEMENT WILL BE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
WHEN EXECUTED AND RECEIVED
January 4, 2005
16
7.AA.C27DCGA
HANNEL ESIGNATED FOR OUNTY OVERNMENT CCESS
C–C(CTV)
HANNEL OMCAST ABLE
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously affirmed
their support of proposed changes by Comcast in the
Government Access Channel lineup providing for Channel
27 as the County’s Government Access Channel, as
outlined and recommended in the memorandum of
December 28, 2004.
7.BB.CAC–CM
OUNTY DMINISTRATION OMPLEX ONSTRUCTION ANAGER
R–ANT
AT ISK UTHORIZE EGOTIATIONS WITH URNER
CC.()-(C
ONSTRUCTION O FIRST RANKED ATALFUMO
CL.PCC.–
ONSTRUCTION TD AND ROCTOR ONSTRUCTION O SECOND
)
AND THIRD RANKED
(CLERK’S NOTE: A set of proposals from the three top-ranked firm are on file in
the Office of the Clerk to the Board).
Vice Chairman Neuberger supported negotiating with the local firm first.
MOTION WAS MADE by Vice Chairman Neuberger,
SECONDED by Chairman Lowther for discussion, to rank
and negotiate with Proctor Construction first.
January 4, 2005
17
Under discussion, Public Works Director James Davis advised that his experience
with Proctor has been good on local projects. He had, in fact, ranked Proctor #1 but he also had a
good opinion of Turner.
Commissioner Wheeler cautioned that it would send a bad message to non-local
firms to override our professional staff committee’s ranking because their time has been used in
this process and the non-local companies submitted bids in good faith. If the Board is going to
give more points to a local firm then we need to make that known up front.
County Administrator Baird agreed and specified that the County has followed the
professional process as set out in state law.
Chairman Lowther was convinced and WITHDREW HIS
SECOND. MOTION DIED for lack of a second.
Vice Chairman Neuberger reiterated his reasons for supporting Proctor.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis, to approve staff’s
recommendation.
Michael McKay
, Proctor Construction, agreed that staff did an excellent job. He
pointed out that using a local firm that employs locals would circulate the dollars paid to
construction manager and subcontractors inside the community. If Turner gets the contract those
dollars will go out of the County. He was concerned that a precedent will be set that big national
corporations will be used over the locals.
Commissioners Bowden, Davis, and Wheeler expressed satisfaction with Proctor’s
previous construction projects in the county but they would support staff’s recommendation.
Vice Chairman Neuberger supported his original motion.
January 4, 2005
18
The Chairman CALLED THE QUESTION and the motion
carried 4-1 (Vice Chairman Neuberger opposed). (The
Board approved the Selection Committee’s short listed
firms and authorized staff to enter into negotiations for a
contract with Turner Construction, and then with the
second ranked firm if unsuccessful with the first, and with
the third ranked firm if unsuccessful with the second, as
recommended in the memorandum of December 23, 2004.
Once a successful contract has been negotiated, it will be
brought back to the Board for its consideration.)
County Attorney Collins suggested that if the Board feels there is some benefit to
having a local presence, they could advise when the RFP’s are sent out that additional points will
be given for local presence.
Vice Chairman Neuberger felt that because of the nature and cost of this project that
it should be awarded to a local provider to keep the higher paid jobs’ salaries within our county.
7.CC.CBMP(BMP)FY
ITRUS EST ANAGEMENT RACTICES FOR
2003/2004–ASSSC
PPLICANT CORE UMMARY HEET HANGES
-IRC/FDA
NDIAN IVER OUNTYLORIDA EPARTMENT OF GRICULTURE
CSCSC#006800–
AND ONSUMER ERVICES OST HARE ONTRACT
DSG–A/IC
ELETE HINN ROVES DD TONCREASE ITRUS
MS(MII.//
ANAGEMENT ERVICES ARTINEZ NDUSTRIES NC DBA
CMS)
ITRUS ANAGEMENT ERVICES
January 4, 2005
19
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the revisions and corrections and authorized the Chairman
to execute the two Cost Share Contracts with Citrus
Management Services, (Martinez Industries Inc. d/b/a/
Citrus Management Services) one with a 60% cost share of
$26,388 and the second with 60% cost Share of $16,197
($3.00 correction), as set out and recommended in the
memorandum of December 28, 2004.
TWO CONTRACTS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
8. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
None.
9.A.1. PUBLIC HEARINGS - NONE
9.B.1. PUBLIC DISCUSSION ITEM – REQUEST FROM BRIAN
HEADY TO SPEAK REGARDING EXPENDITURE OF TAX
DOLLARS
Chairman Lowther advised that there would no longer be a 3-minute time limit as
long as the speakers stay on task.
January 4, 2005
20
Brian Heady
thanked Chairman Lowther for the consideration and he looked
forward to the coming year and the welcome change. He stated that he had not been at recent
meetings because he was home taking care of hurricane damage.
NO ACTION REQUIRED OR TAKEN.
9.B.2. PUBLIC DISCUSSION ITEM – REQUEST FROM TIM ZORC
TO SPEAK REGARDING BUILDING DEPARTMENT’S
PRIVATE PROVIDER PROGRAM AND DISCUSS
CREDITING THE ADDITIONAL FEES PAID BY THE
CONTRACTOR
th
Tim Zorc
, 4415 5 Place SW, explained the “private provider” program, gave
statistics for hurricane-related permits, estimated fees lost during the hurricane-related fee-waiver
period, and estimated the inspection trips required with an emphasis on roofing inspections. He
explained how the private provider program (permitted under the Florida Building Code) would
help builders and suggested the County try it for a period of six to twelve months to reduce the
Building Department’s heavy load particularly for roofing inspections. He thought it would
encourage more private providers to come forward if a fee arrangement could be implemented
through the County.
County Administrator Baird commented that the private provider actually expedites
the process for a builder or developer and is to their advantage. He explained that for roofing we
are currently allowing an affidavit to be issued. Staff does not recommend we implement the
private provider program but, if the Commission wishes, staff can come back with costing
differences.
January 4, 2005
21
Discussion ensued on topics such as whether FEMA would be paying for lost fees;
how lost revenues would be paid; additional staff for the Building Department and problems of
space and recruitment of new inspectors with the necessary qualifications.
Commissioner Wheeler thought if private providers would save Indian River
County money and improve the process then he wanted more information including where the
liability would lie.
County Attorney Collins specified the liability would be the contractor’s not the
County’s. He added that even if the County does the inspection, the liability is still the contractor’s
if there is a problem.
Chairman Lowther thought staff would look at this and maybe bring it forward.
NO ACTION REQUIRED OR TAKEN.
9.B.3. PUBLIC DISCUSSION ITEM – REQUEST FROM DIAN
GEORGE TO SPEAK REGARDING PREMATURE
CANCELLATION OF PUBLIC HEARING REGARDING
MORATORIUM
Dian George
not present when called.
(CLERK’S NOTE: The Chairman called a short recess at 10:41 a.m. to allow set up
for the next presentation. The meeting was reconvened at 10:50 a.m. with all
members present.)
January 4, 2005
22
9.B.4.-8. PUBLIC DISCUSSION ITEM – REQUEST FROM ITAL
VERON TO SPEAK REGARDING PREMATURE
CANCELLATION OF PUBLIC HEARING REGARDING
MORATORIUM
Ital Veron
, 280 Peppertree Drive, was present to speak on behalf of the IRNA
(Indian River Neighborhood Association) and would also speak on behalf of the others who
requested to speak (Items 9.B.4. through 9.B.8. He played a video recording made after the Board
decided to have two hearings on a moratorium. The intent was to put into perspective the myths
and realities their concern for unmanaged growth. They hoped the Board would reach a quick
decision on the right course. (CLERK’S NOTE: The transcript of video presentation was
distributed and a copy of it has been placed in the backup in the Office of the Clerk to the Board.)
NO ACTION REQUIRED OR TAKEN.
9.B.5. PUBLIC DISCUSSION ITEM – REQUEST FROM BONNIE
VERON TO SPEAK REGARDING PREMATURE
CANCELLATION OF PUBLIC HEARING REGARDING
MORATORIUM
See 9.B.4.
January 4, 2005
23
9.B.6. PUBLIC DISCUSSION ITEM – REQUEST FROM ADRIENNE
CUFFE TO SPEAK REGARDING PREMATURE
CANCELLATION OF PUBLIC HEARING REGARDING
MORATORIUM
See 9.B.4.
Adrienne Cuffe
thanked them for their consideration to show this video. She asked
th
if they would be allowed to also speak at the January 12 meeting, to which Chairman Lowther
responded, as you wish.
9.B.7. PUBLIC DISCUSSION ITEM – REQUEST FROM DOUG
CUFFE TO SPEAK REGARDING PREMATURE
CANCELLATION OF PUBLIC HEARING REGARDING
MORATORIUM
See 9.B.4.
9.B.8. PUBLIC DISCUSSION ITEM – REQUEST FROM BRIAN
JOHNSON TO SPEAK REGARDING PREMATURE
CANCELLATION OF PUBLIC HEARING REGARDING
MORATORIUM
See 9.B.4.
January 4, 2005
24
9.C. PUBLIC NOTICE ITEM SCHEDULED FOR PUBLIC
HEARING ON JANUARY 18, 2005
9.C.1.IRD:R9.77
NDIAN IVER EVELOPMENT EQUEST TO REZONE ACRES
33S1,300
RD
LOCATED SOUTH OF TREET AND APPROXIMATELY FEET
66AA-1,A-1D(
WEST OF TH VENUE FROM GRICULTURAL ISTRICT UP
1/5),RS-3,S-FR
TO UNIT ACRES TO INGLEAMILY ESIDENTIAL
D(3/),9.54
ISTRICT UP TO UNITSACRE AND TO REZONE ACRES NORTH
26S1,30066
OF TH TREET AND APPROXIMATELY FEET WEST OF TH
AA-1,A-1D(1
VENUE FROM GRICULTURAL ISTRICT UP TO
/5),RM-6,M-FR
UNITACRES TO ULTIPLEAMILY ESIDENTIAL
D(6/).IRD
ISTRICT UP TO UNITSACRE NDIAN IVER EVELOPMENT
P,LLC.O.S,BS,LLC,
ARTNERS WNER CHULKE ITTLE AND TODDARD
A.(Q-J)
GENT UASIUDICIAL
Chairman Lowther read the notice into the record.
10. COUNTY ADMINISTRATORS MATTERS
None.
11.A. COMMUNITY DEVELOPMENT
None.
January 4, 2005
25
11.B. EMERGENCY SERVICES
None.
11.C.1. GENERAL SERVICES – BID #7034 - APPROVAL OF BID
AWARD AND SAMPLE AGREEMENT– POST HURRICANES
FRANCES AND JEANNE EMERGENCY DUNE
RESTORATION – 35 SITES – HENRY FISCHER & SONS, INC.
Jonathan Gorham
, Coastal Resource Manager, explained this contract represents
one of two public assistance grants negotiated with FEMA (Federal Emergency Management
Agency) relating to beach projects. FEMA calls this a Category “B” (an emergency beach berm)
project. He detailed the information that led FEMA to identify the most threatened beaches on our
coast. 1.9 shoreline miles were identified where FEMA would pay to construct these emergency
beach berms to restore and reinforce the unstable dune faces in front of developed upland
properties and public infrastructure. The cost amounted to about $1.9 million and we have a
particularly good cost-sharing arrangement with FEMA with the County’s share on this project of
just 5%.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved
award of Bid #7034 to Henry Fischer & Sons, Inc. as the
lowest most responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid and
approved the proposed sample agreement and authorized
the Chairman to execute same when required performance
and payment bonds have been submitted along with
January 4, 2005
26
appropriate certification of insurance and the County
Attorney has approved the agreement as to form and legal
sufficiency, all as recommended in the memorandum of
December 20, 2004.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.C.2. GENERAL SERVICES – REAFFIRMATION AND FUNDING
FOR JOINT-USE LIBRARY - MUELLER CENTER AT INDIAN
RIVER COMMUNITY COLLEGE
General Services Director Tom Frame introduced this item and advised that Dr.
Massey was present on behalf of the IRCC. He then reviewed his memorandum of December 28,
2004.
Dr. Edwin Massey
, appreciated the time, thanked staff, and advised that the
County’s staff had worked with Indian River Community College’s representatives for about 5
years to move toward a program for a shared library that would be valuable to both organizations.
This plan has been channeled through the County’s PLAB (Public Library Advisory Board) and
staff to work out all the legislative, logistic, financial and legal issues. He emphasized the extra
benefit of leveraging tax dollars to build this joint library. This library will help achieve the
long-term goal to bring baccalaureate capabilities to this location in Indian River County. He had
asked for our local legislative delegation’s cooperation for matching funds this morning.
MOTION WAS MADE by Commissioner Bowden,
SECONDED by Chairman Lowther, to approve staff’s
recommendation.
January 4, 2005
27
Under discussion, Chairman Lowther’s inquired about a south county library and
was advised that it is the next priority library.
Commissioner Wheeler questioned the operation of the joint library at the college
campus and he wanted to make sure the library at the college was located for good access by the
general public and that access by the public would never end.
Commissioners indicated their support for this combined effort.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. (The Board re-affirmed the proposed
joint-use facility to be the first priority of the library
expansion and authorized the County Attorney to prepare
the necessary documents and agreements to be prepared
and presented back to the Board in order to have such
agreements approved by the Board and the necessary
funding deposited with the Indian River Community
College Foundation, Inc. before February 1, 2005, if
possible, as recommended in the memorandum of
December 28, 2004.
11.C.3. GENERAL SERVICES – ACQUISITION OF MT. ZION
BAPTIST CHURCH AND RESIDENCE (CONDEMNATION) –
THRD
EXCHANGE OF 2.5 ACRES AT 45 STREET AND 43
AVENUE
General Services Director Tom Frame reviewed the memorandum of December 29,
2004. He thought an agreement had been reached when it was signed by their agent, but the church
was not satisfied with it. While he did not want to see this issue go to condemnation, at this point,
January 4, 2005
28
the County needed to move forward with the acquisition of that property and not further delay
building the new Administration Complex.
Chairman Lowther wondered if by giving them another week an agreement could be
reached.
County Administrator Baird was uncertain because we have already gone way over
what is financially appropriate.
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Bowden, the Board unanimously
approved giving Mt. Zion Baptist Church one more week to
accept the County’s offer and failing that they authorized
the County Attorney to proceed with the necessary action to
acquire the needed properties by means of condemnation,
as recommended in the memorandum of December 29,
2004.
11.D. HUMAN RESOURCES
None.
11.E. HUMAN SERVICES
None.
11.F. LEISURE SERVICES
None.
January 4, 2005
29
11.G. OFFICE OF MANAGEMENT AND BUDGET
None.
11.H. RECREATION
None.
At approximately 11:30 a.m., Chairman Lowther announced that he planned to
Legislative Delegation
attend a luncheon meeting at 12 Noon and encouraged his fellow
Commissioners to do so also. He announced that the Commission meeting would be recessed
early in order to attend and they would reconvene at 1:30 p.m. Before the recess, they would hear
Items 12.A., 11.J.2., and 11.I.10. (CLERK’S NOTE: Although items were taken out of order just
prior to the recess at 11:44 a.m., the minutes are written with items in order according to the
agenda for purposes of continuity.)
11.I.1. PUBLIC WORKS – COUNTY ROAD 512 (PHASES 3 AND 4)
I-95 TO ROSELAND ROAD– G. K. ENVIRONMENTAL, INC.
PROFESSIONAL SERVICES AGREEMENT– IRC PROJECT
NO. 9611
Public Works Director James Davis reviewed his memorandum of December 23,
2004. In response to Vice Chairman Neuberger’s inquiry, he explained the $2,000 allowance was
to be used if needed for contingency.
January 4, 2005
30
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
the proposed agreement with G. K. Environmental, Inc. for
a lump sum amount of $44,450.00, plus a $2,000.00
allowance, as recommended in the memorandum of
December 23, 2004.
AGREEMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
TH
11.I.2. PUBLIC WORKS – 4 STREET BRIDGE REPLACEMENT
TH
OVER COOCH DITCH (35 AVENUE) RELOCATION OF 12”
WATER MAIN – AMENDMENT NO. 1 TO KIMLEY-HORN &
ASSOCIATES, INC. CONTRACT – IRC PROJECT NO. 0209
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
amendment No. 1 for $7,150.00 and directed the Chairman
to execute the contract on behalf of the Board, as
recommended in the memorandum of December 13, 2004.
AMENDMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
ST
11.I.3. PUBLIC WORKS – 41 STREET BRIDGE REPLACEMENT
OVER INDIAN RIVER FARMS WATER CONTROL DISTRICT
TH
LATERAL A CANAL (66 AVENUE) EXTENSION OF 12”
January 4, 2005
31
WATER MAIN - AMENDMENT 1 TO KIMLEY-HORN &
ASSOCIATES, INC. IRC PROJECT NO. 0370
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved
Amendment No. 1 for $9,200.00 and directed the Chairman
to execute the contract on behalf of the Board, as
recommended in the memorandum of December 13, 2004.
AMENDMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.4. PUBLIC WORKS – PROFESSIONAL GEOTECHNICAL
SERVICES AGREEMENTS 2004-2005 – CTI-CONSTRUCTION
TESTING & INSPECTION, INC., AM ENGINEERING AND
TESTING, INC., DUNKELBERGER ENGINEERING &
TESTING, INC., AND ARDAMAN & ASSOCIATES, INC. –
PROJECT NO. 7018
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board unanimously approved the
Professional Geotechnical Services Agreements with
CTI-Construction Testing & Inspection, Inc., AM
Engineering and Testing, Inc., Dunkelberger Engineering
& Testing, Inc., and Ardaman & Associates, Inc., as
recommended in the memorandum of December 6, 2004.
January 4, 2005
32
AGREEMENTS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.5. PUBLIC WORKS – PELICAN ISLAND NATIONAL WILDLIFE
REFUGE UPLAND RESTORATION PROJECT – SITEWERKS,
INC. – CHANGE ORDER NO. 3, FINAL PAYMENT AND
RELEASE OF RETAINAGE– PROJECT NO. 0386
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously approved
change Order No. 3 to the contact with Sitewerks, Inc. for
an increase in cost of $21,275.01 and final payment in the
amount of $91,298.52 and a release of the 10% retainage in
the amount of $60,950.07, as set forth and recommended in
the memorandum of December 21, 2004.
CHANGE ORDER IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.6. PUBLIC WORKS – MILLING, RESURFACING AND
SHOULDER PAVING CR 512 AND OLSO ROAD – E. J.
BRENEMAN, L.P. - CHANGE ORDER NO. 2 AND FINAL
RELEASE OF RETAINAGE
January 4, 2005
33
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Vice Chairman Neuberger,
for discussion, to approve staff’s recommendation.
Under discussion, Public Works Director Jim Davis responded to Vice Chairman
Neuberger’s inquiry to clarify the location on these projects that have been funded with the FDOT
Small County Grant we secured a few years ago.
The Chairman CALLED THE QUESTION and the motion
carried unanimously. (The Board approved Change Order
No. 2 in the deduct amount of \[$27,478.29\] and final
payment and final release of retainage in the amount of
$125,768.27 as shown on the application for payment, as
set out and as recommended in the memorandum of
December 9, 2004.)
CHANGE ORDER IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.7. PUBLIC WORKS - OSLO ROAD BRIDGE REPLACEMENT
(LATERAL J CANAL) AND ROADWAY WIDENING –
KIMLEY-HORN & ASSOCIATES, INC. – ENGINEERING
SERVICES AMENDMENT NO. 5
January 4, 2005
34
In response to Chairman Lowther’s question, Public Works Director James Davis
explained this would complete the 5-lane bridges at all three bridge locations on Oslo Road; the
rest of 5-laning will simply be fill-in projects between those bridges.
In response to Commissioner Wheeler, Director Davis explained that we currently
th
plan to pave 5 lanes on Oslo Road to just west of 58 Avenue (Kings Highway).
For Vice Chairman Neuberger, Director Davis estimated the cost of one of the
bridges to be between $600,000-$800,000; the big issue is traffic maintenance.
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Amendment No. 5 to the Oslo Road Bridge
Replacement and Roadway Widening Professional
Services Agreement with Kimley-Horn in the amount of
$23,171.00, as recommended in the memorandum of
December 20, 2004.
AMENDMENT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
January 4, 2005
35
11.I.8. PUBLIC WORKS – HARMONY OAKS MITIGATION
PROJECT – OKLAWAHA FARMS, INC. – CHANGE ORDER
NO. 001 AND CONTRACTOR’S FINAL PAY REQUEST
(INCLUDING RELEASE OF RETAINAGE)
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved Change Order No. 001 and the Contractor’s Final
Pay Request, including the release of the project retainage,
and authorized the Chairman to execute same, as
recommended in the memorandum of December 13, 2004.
CHANGE ORDER IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.9. PUBLIC WORKS – RESOLUTION NO. 2005-004 – SUPPORTS
MAINTAINING THE INDIAN RIVER LAGOON BLUEWAY
PROJECT ON THE “A” ACQUISITION LIST UNDER THE
FLORIDA FOREVER PROGRAM – FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously adopted
Resolution No. 2005-004 to support maintaining the Indian
River Lagoon Blueway Project on the “A” acquisition list
under the Florida Forever Program.
January 4, 2005
36
11.I.10. PUBLIC WORKS – BEACH RESTORATION EMERGENCY
RESPONSE – EMPOWERMENT OF COUNTY
ADMINISTRATOR AND WAIVER OF BID PROCESS
Bill Glynn
requested the Board to move on this item.
Public Works Director James Davis reviewed the memorandum in the backup dated
December 17, 2004. He advised that staff was working fast track on this concern.
Chairman Lowther wanted to be advised if the change orders were to be a large
number that the Commissioners would be notified.
County Administrator Baird assured the Board he would bring any large change
orders to the Board. He also expressed special appreciation that Representative Stan Mayfield
obtained a grant for $10 million for us with only a 10% match. He advised that a contract for
dredging would be brought to the Board.
ON MOTION by Vice Chairman Neuberger, SECONDED
by Commissioner Davis, the Board unanimously approved
empowering the County Administrator to sign for the
County on needed contracts and change orders, waived the
bidding process for additional services related to the
emergency permitting, such as dune planting or sea turtle
monitoring, that may be needed, and reduced the bid period
for the emergency beach restoration contract from 30 to 21
days, all as recommended in the memorandum of
December 17, 2004.
MISCELLANEOUS WORK ORDERS ARE ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD*
(CLERK’S NOTE: The above item was heard out of order and just before the recess
at 11:44 a.m. The meeting was reconvened at 1:30 p.m.)
January 4, 2005
37
11.I.11. PUBLIC WORKS – INTERLOCAL AGREEMENT FOR
OPERATIONAL COSTS – SCHOOL DISTRICT OF INDIAN
RIVER COUNTY – JOINT COUNTY/SCHOOL DISTRICT
FLEET MANAGEMENT/FUELING DEPOT FACILITY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Bowden, the Board unanimously approved
the proposed Interlocal Agreement with the School District
of Indian River County and authorized the Chairman to
execute same, as recommended in the memorandum of
December 29, 2004. (Alternative No. 1)
CONTRACT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
11.I.12. PUBLIC WORKS – VERO LAKE ESTATES OUTFALL
(LATERAL D) CANAL CLEANING – CORRIGAN RANCH
AND ANSIN PROPERTIES – SEBASTIAN RIVER WATER
CONTROL DISTRICT
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously
approved the request of the Corrigan and Ansin families
under a cost-share arrangement whereby the County agreed
to fund 20% of the cost, not-to-exceed $3,230.00, as
January 4, 2005
38
recommended in the memorandum of December 28, 2004.
(Alternative No. 1.)
11.J.1. UTILITIES SERVICES – SOUTH COUNTY REVERSE
OSMOSIS PLANT – WPC INDUSTRIAL CONTRACTORS,
LTD. – CONTRACTOR’S REQUEST FOR REDUCTION IN
RETAINAGE (BID #5074)
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board unanimously approved
giving staff the authority to reduce retainage to 5% on
subsequent Contractor’s Request for Payments pursuant to
the guidelines outlined in the contract documents, Section
00500, Article 5, Payment Procedures; the 5% retainage
shall be held for the remainder of the Work until such time
that Final Completion has been achieved and the County
has approved all required documents, as recommended in
the memorandum of December 6, 2004.
11.J.2. UTILITIES SERVICES – ORANGE HEIGHTS SUBDIVISION,
SEBASTIAN WATER MAIN EXTENSION AND FUTURE
ASSESSMENT PROJECT – GEORGE E. FRENCH, INC.
Assistant Director of Utilities Steve Doyle reviewed the memorandum of December
27, 2004, advising of this unique circumstance brought about by damages caused by Hurricanes
January 4, 2005
39
Frances and Jeanne. The residents are in favor of this assessment since it will enable them to stay
in their homes.
ON MOTION by Commissioner Bowden, SECONDED by
Commissioner Davis, the Board unanimously approved the
design, permit and construct approximately 1,500 feet of
water main and appurtenances along Temple Drive;
approved funding in the amount of $65,200; authorized use
of capital funds to initiate this phase of the work with all
incurred costs to be assessed against the benefiting users
when an Assessment Program has been established in the
area; authorized the Chairman to execute a Work Directive
(No. 2001-136) to George E. French, Inc. in the amount of
$38,700; and approved allowing staff to commence the
normal procedures for instituting a Water Assessment
Project in the area and start a petition for water service in
anticipation of serving the region, all as recommended in
the memorandum of December 27, 2004.
WORK AUTHORIZATION DIRECTIVE IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
12.A. COUNTY ATTORNEY – CODE ENFORCEMENT
ABATEMENT WITH RESPECT TO HURRICANE-RELATED
STORAGE – SIX MONTHS
(CLERK’S NOTE: This item was heard out of order, after 11.C.3. and before
11.J.2.)
January 4, 2005
40
County Attorney Collins reviewed his memorandum.
A brief discussion followed to establish a complete understanding of this abatement.
ON MOTION BY Commissioner Wheeler, SECONDED
by Vice Chairman Neuberger, the Board unanimously
agreed to direct Code Enforcement staff to suspend
enforcement of code provisions against commercial
vehicles at residential structures when they are related to
hurricane storage and reconstruction for a period of six
months, as recommended in the memorandum of
December 28, 2004. This matter shall be brought back to
the Board for re-evaluation at the end of that period.
TH
12.B. COUNTY ATTORNEY - RESOLUTION NO. 2005-005 – 58
AVENUE RIGHT-OF-WAY EXCHANGE WITH SEGOVIA
LAKES LLC
County Attorney Collins reviewed his memorandum January 3, 2005.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Neuberger, the Board unanimously adopted
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Resolution No. 2005-005 approving an exchange of 58
Avenue right-of-way with Segovia Lakes LLC (Approves
Agreement to Exchange Real Estate and Developer’s
th
agreement With Segovia Lakes LLC for relocation of 16
Street \[Atlantic Blvd.\] and Stormwater Management).
AGREEMENTS & OTHER DOCUMENTS ARE ON FILE
January 4, 2005
41
IN THE OFFICE OF THE CLERK TO THE BOARD
13.A CHAIRMAN ARTHUR R. NEUBERGER
None.
13.B. VICE CHAIRMAN THOMAS S. LOWTHER
None.
13.C. COMMISSIONER SANDRA L. BOWDEN
None.
13.D. COMMISSIONER WESLEY S. DAVIS
None.
13.E. COMMISSIONER GARY C. WHEELER -
RECONSIDERATION OF TREE PROTECTION ORDINANCE
– SCHEDULE NEW PUBLIC HEARING ON FEBRUARY 1,
2005
Commissioner Wheeler requested the Commissioners join him in reconsideration of
the tree protection ordinance to re-evaluate the property size. He wanted to exempt 1-acre lots
(and smaller) with Homestead Exemption.
January 4, 2005
42
Commissioner Bowden indicated her agreement but Vice Chairman Neuberger
recalled that was what we had in the past.
Commissioner Bowden asked if staff had worked with the Audubon Society and the
Garden Club, and Community Development Director Bob Keating reminded them that the new
amendment to the tree protection ordinance will not go into effect for 90 days, that they had
worked extensively with the Audubon Society and that members of the Garden Club have been in
attendance during consideration of the amendment.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Davis, the Board by a 4-1 vote (Vice
Chairman Neuberger opposed) authorized staff to advertise
for a public hearing on February 1, 2005, to bring back an
amendment to the Tree Protection Ordinance with regard to
exempted lot sizes with Homestead Exemption.
14.A. EMERGENCY SERVICES DISTRICT
None.
14.B. SOLID WASTE DISPOSAL DISTRICT
14.B.1.SLEC&DL–C
ECOND ATERAL XPANSION OF THE ANDFILL AMP
D&MK–WON.1
RESSER CEE ORK RDER O
14.B.2.SWMMPU–
OLID ASTE ANAGEMENT ASTER LAN PDATE
WCG/N-S,I.–WAN.1
EELCHAFFER NC ORK UTHORIZATION O
January 4, 2005
43
The Chairman announced that immediately upon adjournment of the Board of
County Commissioners Meeting, the Board would reconvene as the Board of Commissioners of
the Solid Waste Disposal District. Those Minutes are being prepared separately and is appended
to this document.
14.C. ENVIRONMENTAL CONTROL BOARD
None.
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
There being no further business, on Motion duly made, seconded and carried, the
Board adjourned at 1:44 p.m.
ATTEST:
_________________________________ ________________________________
Jeffrey K. Barton, Clerk Thomas S. Lowther, Chairman
Minutes Approved: _________________
BCC/PR/2004 Minutes
January 4, 2005
44
*11.I.10. The following documents are appended to the record as approved by
the County Administrator and are filed in the Official Documents under this date.
Morgan & Eklund, Inc. –
1.Annual Surveying Services Contract 0390 – Work
Order 6 – coastal engineering task - $2,400
Henry Fischer & Sons –
2. Change Order No. 1, $4,500 – FEMA Emergency
Dune Restoration – Golden Sands Park
January 4, 2005
45